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Case 3:20-cv-05151-JD Document 18 Filed 10/02/20 Page 1 of 61
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`JEFFREY BOSSERT CLARK
`Acting Assistant Attorney General
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`ERIC WOMACK
`Assistant Branch Director
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`KRISTINA A. WOLFE
`Senior Trial Counsel, VA Bar No. 71570
`United States Department of Justice
`Civil Division, Federal Programs Branch
`1100 L Street, N.W., Room 11506
`Washington, DC 20005
`Telephone: (202) 353-4519
`Email: kristina.wolfe@usdoj.gov
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`COURTNEY D. ENLOW
`Trial Attorney, NC Bar No. 46578
`United States Department of Justice
`Civil Division, Federal Programs Branch
`1100 L Street, NW, Room 12012
`Washington, DC 20005
`Telephone: (202) 616-8467
`Email: courtney.d.enlow@usdoj.gov
`
`Counsel for Defendants
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`
`
`UNITED STATES DISTRICT COURT
`NORTHERN DISTRICT OF CALIFORNIA
`SAN FRANCISCO DIVISION
`
`
`NATURAL GROCERS, et al.,
`Plaintiffs,
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`v.
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`SONNY PERDUE, in his official
`capacity as Secretary of the Department of
`Agriculture, et al.,
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`Defendants.
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`
`
`
`CASE NO. 3:20-CV-05151-JD
`DEFENDANTS’ ANSWER TO
`PLAINTIFFS’ COMPLAINT FOR
`DECLARATORY AND
`EQUITABLE RELIEF
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`DEFENDANTS’ ANSWER TO PLAINTIFFS’ COMPLAINT FOR DECLARATORY AND
`EQUITABLE RELIEF
`Natural Grocers, et al. v. Perdue, et al., No. 3:20-cv-05151-JD
`Page 1
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`U.S. DEPARTMENT OF JUSTICE
`Civil Division, Federal Programs Branch
`1100 L Street, NW, Room 11506
`Washington, DC 20005
`Tel: (202) 353-4519
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`

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`Case 3:20-cv-05151-JD Document 18 Filed 10/02/20 Page 2 of 61
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` Defendants—collectively, Sonny Perdue, Secretary of the U.S. Department
`of Agriculture; Bruce Summers, Administrator of the Agricultural Marketing Service
`(“AMS”); and United States Department of Agriculture (“USDA”)—hereby answer
`Plaintiffs’ Complaint for Declaratory and Equitable Relief (“Complaint”).
`At the outset, Defendants object to Plaintiffs’ Complaint for failing to set
`forth a short and plain statement of the claims showing that Plaintiffs are entitled to
`relief, as required by Rule 8(a)(2) of the Federal Rules of Civil Procedure. Plaintiffs
`have set forth 332 paragraphs spanning 93 pages, which, to a large extent, do not
`contain allegations of fact. Rather, they set forth legal argument and rhetoric
`unnecessary and inappropriate for a complaint. Accordingly, Defendants are unable
`to admit or deny paragraphs containing such argument and rhetoric. To the extent the
`Court requires a response to such argument and rhetoric, Defendants respectfully
`reserve the right to amend this Answer.
`Subject to the foregoing, in response to the numbered paragraphs of the
`Complaint, Defendants respond as follows, using the same paragraph numbering as
`does the Complaint:
`1.
`This paragraph contains Plaintiffs’ characterization of this lawsuit and
`legal conclusions, to which no response is required. To the extent a response is
`deemed necessary, Defendants deny the allegations in this paragraph.
`2.
`The first sentence in this paragraph contains Plaintiffs’ characterization
`of the topic of genetically engineered organisms, to which no response is required. To
`the extent a response is deemed necessary, Defendants deny the allegations in the first
`sentence of this paragraph. Defendants lack knowledge or information sufficient to
`form a belief as to the truth of the allegations in the second sentence of this
`paragraph. Defendants admit that in 2016, Congress amended the Agricultural
`Marketing Act of 1946 to establish the National Bioengineered Food Disclosure
`
`DEFENDANTS’ ANSWER TO PLAINTIFFS’ COMPLAINT FOR DECLARATORY AND
`EQUITABLE RELIEF
`Natural Grocers, et al. v. Perdue, et al., No. 3:20-cv-05151-JD
`Page 2
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`U.S. DEPARTMENT OF JUSTICE
`Civil Division, Federal Programs Branch
`1100 L Street, NW, Room 11506
`Washington, DC 20005
`Tel: (202) 353-4519
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`

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`Standard (collectively, “the Statute”) and otherwise deny the remaining allegations in
`this paragraph.
`3.
`Defendants deny the first sentence of this paragraph and aver that
`USDA issued the implementing regulations on December 21, 2018. See Final Rule, 83
`Fed. Reg. 65,814 (Dec. 21, 2018) (hereinafter, “Final Rule”). Defendants deny the
`remaining allegations in this paragraph.
`4.
`This paragraph contains Plaintiffs’ characterization of their lawsuit and
`legal conclusions, to which no response is required. To the extent a response is
`deemed necessary, Defendants deny the allegations in this paragraph.
`5.
`This paragraph contains Plaintiffs’ characterization of their lawsuit and
`legal conclusions, to which no response is required. To the extent a response is
`deemed necessary, Defendants deny the allegations in this paragraph.
`6.
`This paragraph contains Plaintiffs’ characterization of their lawsuit and
`legal conclusions, to which no response is required. To the extent a response is
`deemed necessary, Defendants deny the allegations in this paragraph.
`7.
`This paragraph contains Plaintiffs’ characterization of their lawsuit and
`legal conclusions, to which no response is required. To the extent a response is
`deemed necessary, Defendants deny the allegations in this paragraph.
`JURISDICTION AND VENUE
`8.
`This paragraph contains Plaintiffs’ legal conclusions, to which no
`response is required.
`9.
`This paragraph contains Plaintiffs’ legal conclusions, to which no
`response is required.
`10.
` This paragraph contains Plaintiffs’ legal conclusions, to which no
`response is required.
`11. This paragraph contains Plaintiffs’ legal conclusions, to which no
`response is required.
`
`DEFENDANTS’ ANSWER TO PLAINTIFFS’ COMPLAINT FOR DECLARATORY AND
`EQUITABLE RELIEF
`Natural Grocers, et al. v. Perdue, et al., No. 3:20-cv-05151-JD
`Page 3
`
`U.S. DEPARTMENT OF JUSTICE
`Civil Division, Federal Programs Branch
`1100 L Street, NW, Room 11506
`Washington, DC 20005
`Tel: (202) 353-4519
`
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`

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`Case 3:20-cv-05151-JD Document 18 Filed 10/02/20 Page 4 of 61
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`12. This paragraph contains Plaintiffs’ legal conclusions, to which no
`response is required.
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`THE PARTIES
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`Plaintiffs
`13. The first and second sentences of this paragraph consist of Plaintiffs’
`characterization of themselves and their work about which Defendants lack
`knowledge or information sufficient to form a belief as to the truth of the allegations.
`The third sentence of this paragraph contains Plaintiffs’ characterization of their
`lawsuit, to which no response is required. To the extent a response is deemed
`necessary, Defendants deny the allegations in the third sentence of this paragraph.
`14. This paragraph consists of Plaintiffs’ characterization of themselves
`and their work about which Defendants lack knowledge or information sufficient to
`form a belief as to the truth of the allegations.
`15. This paragraph consists of Plaintiffs’ characterization of themselves
`and their work about which Defendants lack knowledge or information sufficient to
`form a belief as to the truth of the allegations.
`16. This paragraph consists of Plaintiffs’ characterization of themselves
`and their work about which Defendants lack knowledge or information sufficient to
`form a belief as to the truth of the allegations.
`17. This paragraph consists of Plaintiffs’ characterization of themselves
`and their work about which Defendants lack knowledge or information sufficient to
`form a belief as to the truth of the allegations.
`18. This paragraph consists of Plaintiffs’ characterization of themselves
`and their work about which Defendants lack knowledge or information sufficient to
`form a belief as to the truth of the allegations.
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`DEFENDANTS’ ANSWER TO PLAINTIFFS’ COMPLAINT FOR DECLARATORY AND
`EQUITABLE RELIEF
`Natural Grocers, et al. v. Perdue, et al., No. 3:20-cv-05151-JD
`Page 4
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`U.S. DEPARTMENT OF JUSTICE
`Civil Division, Federal Programs Branch
`1100 L Street, NW, Room 11506
`Washington, DC 20005
`Tel: (202) 353-4519
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`

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`Case 3:20-cv-05151-JD Document 18 Filed 10/02/20 Page 5 of 61
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`19. This paragraph consists of Plaintiffs’ characterization of themselves
`and their work about which Defendants lack knowledge or information sufficient to
`form a belief as to the truth of the allegations.
`20. The first and fourth sentences of this paragraph consist of Plaintiffs’
`characterization of themselves and their work about which Defendants lack
`knowledge or information sufficient to form a belief as to the truth of the allegations.
`The second and third sentences of this paragraph consist of Plaintiffs’ characterization
`of an unidentified Connecticut law, to which no response is required. To the extent a
`response is deemed necessary, Defendants lack knowledge or information sufficient to
`form a belief as to the truth of the allegations.
`21. This paragraph consists of Plaintiffs’ characterization of themselves
`and their work about which Defendants lack knowledge or information sufficient to
`form a belief as to the truth of the allegations.
`22. This paragraph contains Plaintiffs’ characterization of their lawsuit and
`legal conclusions, to which no response is required. To the extent a response is
`deemed necessary, Defendants deny the allegations in this paragraph.
`23. This paragraph consists of Plaintiffs’ characterization of themselves
`and their work about which Defendants lack knowledge or information sufficient to
`form a belief as to the truth of the allegations. This paragraph also contains Plaintiffs’
`characterization of California Proposition 37, to which no response is required.
`Defendants respectfully refer the Court to California Proposition 37 for a complete
`and accurate statement of its contents.
`24. This paragraph consists of Plaintiffs’ characterization of themselves
`and their work about which Defendants lack knowledge or information sufficient to
`form a belief as to the truth of the allegations.
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`DEFENDANTS’ ANSWER TO PLAINTIFFS’ COMPLAINT FOR DECLARATORY AND
`EQUITABLE RELIEF
`Natural Grocers, et al. v. Perdue, et al., No. 3:20-cv-05151-JD
`Page 5
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`U.S. DEPARTMENT OF JUSTICE
`Civil Division, Federal Programs Branch
`1100 L Street, NW, Room 11506
`Washington, DC 20005
`Tel: (202) 353-4519
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`Case 3:20-cv-05151-JD Document 18 Filed 10/02/20 Page 6 of 61
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`25. This paragraph consists of Plaintiffs’ characterization of themselves
`and their work about which Defendants lack knowledge or information sufficient to
`form a belief as to the truth of the allegations.
`26. This paragraph consists of Plaintiffs’ characterization of themselves
`and their work about which Defendants lack knowledge or information sufficient to
`form a belief as to the truth of the allegations.
`27. This paragraph consists of Plaintiffs’ characterization of themselves
`and their work about which Defendants lack knowledge or information sufficient to
`form a belief as to the truth of the allegations.
`28. This paragraph consists of Plaintiffs’ characterization of themselves
`and their work about which Defendants lack knowledge or information sufficient to
`form a belief as to the truth of the allegations.
`29. This paragraph consists of Plaintiffs’ characterization of themselves
`and their work about which Defendants lack knowledge or information sufficient to
`form a belief as to the truth of the allegations.
`Defendants
`30. Defendants admit that Sonny Perdue is Secretary of the USDA. The
`remainder of the paragraph contains Plaintiffs’ characterization of their lawsuit and
`legal conclusions, to which no response is required.
`31. Defendants admit that Bruce Summers is Administrator of the AMS
`and admit that AMS is an agency of the USDA. The remainder of the paragraph
`contains Plaintiffs’ characterization of their lawsuit and legal conclusions, to which no
`response is required.
`32. Defendants admit that USDA is a federal agency of the United States
`and aver that Congress directed the Secretary to establish a national mandatory
`bioengineered food disclosure standard (hereinafter, the “Disclosure Standard”). The
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`DEFENDANTS’ ANSWER TO PLAINTIFFS’ COMPLAINT FOR DECLARATORY AND
`EQUITABLE RELIEF
`Natural Grocers, et al. v. Perdue, et al., No. 3:20-cv-05151-JD
`Page 6
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`U.S. DEPARTMENT OF JUSTICE
`Civil Division, Federal Programs Branch
`1100 L Street, NW, Room 11506
`Washington, DC 20005
`Tel: (202) 353-4519
`
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`

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`Case 3:20-cv-05151-JD Document 18 Filed 10/02/20 Page 7 of 61
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`remainder of the paragraph contains Plaintiffs’ characterization of their lawsuit and
`legal conclusions, to which no response is required.
`LEGAL AUTHORITY
`33. Defendants admit that the quoted language is from the First
`Amendment to the U.S. Constitution. Defendants respectfully refer the Court to the
`U.S. Constitution for a complete and accurate statement of its contents.
`34. Defendants admit that the quoted language is from the cited provision
`in the Administrative Procedure Act (“APA”). Defendants respectfully refer the
`Court to the APA for a complete and accurate statement of its contents.
`35. This paragraph contains Plaintiffs’ characterizations of and legal
`conclusions about the APA, to which no response is required. Defendants
`respectfully refer the Court to the APA for a complete and accurate statement of its
`contents.
`36. This paragraph contains Plaintiffs’ characterizations of and legal
`conclusions about the APA, to which no response is required. Defendants
`respectfully refer the Court to the APA for a complete and accurate statement of its
`contents.
`37. This paragraph contains Plaintiffs’ characterizations of and legal
`conclusions about a Supreme Court case, Motor Vehicles Manufacturers Association of the
`United States v. State Farm Mutual Automobile Insurance Company, 463 U.S. 29 (1983), to
`which no response is required. Defendants respectfully refer the Court to the cited
`case for a complete and accurate statement of its contents.
`38. This paragraph contains Plaintiffs’ characterizations of and legal
`conclusions about the Statute, to which no response is required. Defendants
`respectfully refer the Court to the Statute for a complete and accurate statement of its
`contents.
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`DEFENDANTS’ ANSWER TO PLAINTIFFS’ COMPLAINT FOR DECLARATORY AND
`EQUITABLE RELIEF
`Natural Grocers, et al. v. Perdue, et al., No. 3:20-cv-05151-JD
`Page 7
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`U.S. DEPARTMENT OF JUSTICE
`Civil Division, Federal Programs Branch
`1100 L Street, NW, Room 11506
`Washington, DC 20005
`Tel: (202) 353-4519
`
`
`
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`

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`Case 3:20-cv-05151-JD Document 18 Filed 10/02/20 Page 8 of 61
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`39. This paragraph contains Plaintiffs’ characterizations of and legal
`conclusions about the Statute, to which no response is required. Defendants
`respectfully refer the Court to the Statute for a complete and accurate statement of its
`contents.
`40. This paragraph contains Plaintiffs’ characterizations of and legal
`conclusions about the Statute, to which no response is required. Defendants
`respectfully refer the Court to the Statute for a complete and accurate statement of its
`contents.
`41. This paragraph contains Plaintiffs’ characterizations of and legal
`conclusions about the Statute, to which no response is required. Defendants
`respectfully refer the Court to the Statute for a complete and accurate statement of its
`contents.
`42. This paragraph contains Plaintiffs’ characterizations of and legal
`conclusions about the Statute, to which no response is required. Defendants
`respectfully refer the Court to the Statute for a complete and accurate statement of its
`contents.
`43. This paragraph contains Plaintiffs’ characterizations of and legal
`conclusions about the Statute, to which no response is required. Defendants
`respectfully refer the Court to the Statute for a complete and accurate statement of its
`contents.
`44. This paragraph contains Plaintiffs’ characterizations of and legal
`conclusions about the Statute, to which no response is required. Defendants
`respectfully refer the Court to the Statute for a complete and accurate statement of its
`contents.
`45. This paragraph contains Plaintiffs’ characterizations of and legal
`conclusions about the Statute, to which no response is required. Defendants
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`DEFENDANTS’ ANSWER TO PLAINTIFFS’ COMPLAINT FOR DECLARATORY AND
`EQUITABLE RELIEF
`Natural Grocers, et al. v. Perdue, et al., No. 3:20-cv-05151-JD
`Page 8
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`U.S. DEPARTMENT OF JUSTICE
`Civil Division, Federal Programs Branch
`1100 L Street, NW, Room 11506
`Washington, DC 20005
`Tel: (202) 353-4519
`
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`

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`Case 3:20-cv-05151-JD Document 18 Filed 10/02/20 Page 9 of 61
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`respectfully refer the Court to the Statute for a complete and accurate statement of its
`contents.
`46. This paragraph contains Plaintiffs’ characterizations of and legal
`conclusions about the Statute, to which no response is required. Defendants
`respectfully refer the Court to the Statute for a complete and accurate statement of its
`contents.
`47. This paragraph contains Plaintiffs’ characterizations of and legal
`conclusions about the Statute, to which no response is required. Defendants
`respectfully refer the Court to the Statute for a complete and accurate statement of its
`contents.
`48. This paragraph contains Plaintiffs’ characterizations of and legal
`conclusions about the Statute, to which no response is required. Defendants
`respectfully refer the Court to the Statute for a complete and accurate statement of its
`contents.
`49. This paragraph contains Plaintiffs’ characterizations of and legal
`conclusions about the Statute, to which no response is required. Defendants
`respectfully refer the Court to the Statute for a complete and accurate statement of its
`contents.
`50. This paragraph contains Plaintiffs’ characterizations of and legal
`conclusions about the Statute, to which no response is required. Defendants
`respectfully refer the Court to the Statute for a complete and accurate statement of its
`contents.
`
`GENERAL FACTUAL BACKGROUND
`51. This paragraph contains Plaintiffs’ characterization of the views of
`unidentified American consumers and of unidentified polls. Due to the vagueness of
`the allegations in this paragraph, Defendants lack sufficient information to form a
`belief as to the truth of the allegations in this paragraph.
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`DEFENDANTS’ ANSWER TO PLAINTIFFS’ COMPLAINT FOR DECLARATORY AND
`EQUITABLE RELIEF
`Natural Grocers, et al. v. Perdue, et al., No. 3:20-cv-05151-JD
`Page 9
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`U.S. DEPARTMENT OF JUSTICE
`Civil Division, Federal Programs Branch
`1100 L Street, NW, Room 11506
`Washington, DC 20005
`Tel: (202) 353-4519
`
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`

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`Case 3:20-cv-05151-JD Document 18 Filed 10/02/20 Page 10 of 61
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`52. This paragraph contains Plaintiffs’ characterization of unnamed
`consumers’ desires and the Food and Drug Administration’s (“FDA”) activities. Due
`to the vagueness of the allegations in this paragraph, Defendants lack sufficient
`information to form a belief as to the truth of the allegations in this paragraph.
`53. This paragraph contains Plaintiffs’ characterization of unidentified
`studies. Due to the vagueness of the allegations in this paragraph, Defendants lack
`sufficient information to form a belief as to the truth of the allegations in this
`paragraph.
`54. This paragraph contains Plaintiffs’ characterization of the statements of
`unnamed “U.S. government scientists.” Due to the vagueness of the allegations in this
`paragraph, Defendants lack sufficient information to form a belief as to the truth of
`the allegations in this paragraph.
`55.
` The first sentence of this paragraph contains Plaintiffs’
`characterization of unsourced “industry restrictions.” Due to the vagueness of the
`allegations in the first sentence of this paragraph, Defendants lack sufficient
`information to form a belief as to the truth of the allegations in the first sentence of
`this paragraph. The second sentence of this paragraph contains Plaintiffs’
`characterization of “long-term or epidemiological studies.” Due to the vagueness of
`the allegations in the second sentence of this paragraph, Defendants lack sufficient
`information to form a belief as to the truth of the allegations in the second sentence of
`this paragraph. Defendants deny the allegations in the third sentence of this
`paragraph. The fourth sentence of this paragraph contains Plaintiffs’ characterization
`of an article from the New England Journal of Medicine, to which no response is
`required. Defendants respectfully refer the Court to the cited document for a
`complete and accurate statement of its contents. The fifth sentence of this paragraph
`contains unnamed consumers’ actions. Due to the vagueness of the allegations in the
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`DEFENDANTS’ ANSWER TO PLAINTIFFS’ COMPLAINT FOR DECLARATORY AND
`EQUITABLE RELIEF
`Natural Grocers, et al. v. Perdue, et al., No. 3:20-cv-05151-JD
`Page 10
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`U.S. DEPARTMENT OF JUSTICE
`Civil Division, Federal Programs Branch
`1100 L Street, NW, Room 11506
`Washington, DC 20005
`Tel: (202) 353-4519
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`

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`Case 3:20-cv-05151-JD Document 18 Filed 10/02/20 Page 11 of 61
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`fifth sentence of this paragraph, Defendants lack sufficient information to form a
`belief as to the truth of the allegations in the fifth sentence of this paragraph.
`56. The first sentence of this paragraph contains Plaintiffs’ characterization
`of unnamed consumers’ desires. Due to the vagueness of the allegations in the first
`sentence of this paragraph, Defendants lack sufficient information to form a belief as
`to the truth of the allegations in the first sentence of this paragraph. The second
`sentence of this paragraph contains Plaintiffs’ characterization of unspecified “risks”
`of “GE crops” and “adverse environmental impacts.” Due to the vagueness of the
`allegations in the second sentence of this paragraph, Defendants lack sufficient
`information to form a belief as to the truth of the allegations in the second sentence of
`this paragraph. As to the third sentence of this paragraph, Defendants admit that
`private companies such as Monsanto, Dow Chemical, and Bayer, engineer certain GE
`crops. The remainder of the third sentence of this paragraph contains Plaintiffs’
`characterization of the activities of the private companies Monsanto, Dow Chemical,
`and Bayer, to which no response is required. To the extent a response is deemed
`necessary, Defendants lack sufficient information to form a belief as to the truth of
`the allegations in the third sentence of this paragraph. The fourth sentence of this
`paragraph contains Plaintiffs’ unsourced characterization of the “dramatic[] increase[]
`[of] the overall pesticide output” by unnamed “GE crops,” to which no response is
`required. To the extent a response is deemed necessary, Defendants lack sufficient
`information to form a belief as to the truth of the allegations in the fourth sentence of
`this paragraph due to the vagueness of the allegations in the fourth sentence of this
`paragraph. As to the fifth sentence, Defendants admit that certain crops developed by
`the private company Monsanto are resistant to the herbicide glyphosate and that,
`according to an article dated July 30, 2015, “[g]lyphosate, also known by the trade
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`DEFENDANTS’ ANSWER TO PLAINTIFFS’ COMPLAINT FOR DECLARATORY AND
`EQUITABLE RELIEF
`Natural Grocers, et al. v. Perdue, et al., No. 3:20-cv-05151-JD
`Page 11
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`U.S. DEPARTMENT OF JUSTICE
`Civil Division, Federal Programs Branch
`1100 L Street, NW, Room 11506
`Washington, DC 20005
`Tel: (202) 353-4519
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`Case 3:20-cv-05151-JD Document 18 Filed 10/02/20 Page 12 of 61
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`name Roundup, is the most widely used herbicide in the United States.”1 The
`remainder of the allegations in the fifth sentence of this paragraph constitute Plaintiffs’
`unsourced characterizations of the use of glyphosate, to which no response is
`required. To the extent a response is deemed necessary, Defendants lack sufficient
`information to form a belief as to the truth of the allegations in the fifth sentence of
`this paragraph. Defendants lack sufficient information to form a belief as to the truth
`of the allegations in the sixth sentence of this paragraph due to the vagueness of the
`allegations, including the unspecified use of the term “older pesticides.” Defendants
`lack sufficient information to form a belief as to the truth of the allegations in the
`seventh sentence of this paragraph due to the vagueness of the allegations, including
`the unspecified use of the terms “pesticide-promoting GE crop systems.” Defendants
`lack sufficient information to form a belief as to the truth of the allegations in the
`eighth sentence of this paragraph due to the vagueness of the allegations, including the
`unspecified use of the term “environmental impacts of GE crops.” The ninth
`sentence of this paragraph contains Plaintiffs’ characterization of unnamed consumers’
`desires. Due to the vagueness of the allegations in the ninth sentence of this
`paragraph, Defendants lack sufficient information to form a belief as to the truth of
`the allegations in the ninth sentence of this paragraph.
`57. The first sentence of this paragraph contains Plaintiffs’ argument
`concerning the connection between “protection of the environment and the
`protection of public health,” to which no response is required. To the extent a
`response is deemed necessary, Defendants lack sufficient information to form a belief
`as to the truth of the allegations in the first sentence of this paragraph due to the
`vagueness of the allegations. As to the second sentence of this paragraph, Defendants
`admit that the World Health Organization stated that glyphosate is a potential
`
`1 See https://www.ers.usda.gov/data-products/charts-of-note/charts-of-
`note/?topicId=14869#:~:text=Glyphosate%E2%80%94known%20by%20many%20trade,weeds
`%20but%20not%20the%20crops.
`
`DEFENDANTS’ ANSWER TO PLAINTIFFS’ COMPLAINT FOR DECLARATORY AND
`EQUITABLE RELIEF
`Natural Grocers, et al. v. Perdue, et al., No. 3:20-cv-05151-JD
`Page 12
`
`U.S. DEPARTMENT OF JUSTICE
`Civil Division, Federal Programs Branch
`1100 L Street, NW, Room 11506
`Washington, DC 20005
`Tel: (202) 353-4519
`
`
`
`
`

`

`Case 3:20-cv-05151-JD Document 18 Filed 10/02/20 Page 13 of 61
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`carcinogen. The remainder of the second sentence contains Plaintiffs’ characterization
`of the work by the World Health Organization, to which no response is required. The
`third and fourth sentences of this paragraph contain Plaintiffs’ characterization of
`unnamed lawsuits brought against the private company Monsanto, to which no
`response is required. To the extent a response is deemed necessary, Defendants lack
`sufficient information to form a belief as to the truth of the allegations in the third and
`fourth sentences of this paragraph. The fourth sentence of this paragraph also
`contains Plaintiffs’ characterization of an article from Reuters, to which no response is
`required. Defendants respectfully refer the Court to the cited article for a complete
`and accurate statement of its contents. The fifth sentence of this paragraph contains
`Plaintiffs’ characterization of unsourced studies, to which no response is required. To
`the extent a response is deemed necessary, Defendants lack sufficient information to
`form a belief as to the truth of the allegations in the fifth sentence of this paragraph.
`The sixth sentence of this paragraph contains Plaintiffs’ characterization of unnamed
`consumers’ desires, to which no response is required. To the extent the response is
`deemed necessary, Defendants lack sufficient information to form a belief as to the
`truth of the allegations in the sixth sentence of this paragraph.
`58. This paragraph contains Plaintiffs’ characterization of the actions of
`unnamed “U.S. farmers,” “foreign markets,” and “buyers.” Due to the vagueness of
`the allegations in this paragraph, Defendants lack sufficient information to form a
`belief as to the truth of the allegations in this paragraph.
`59. This paragraph contains Plaintiffs’ characterization of their lawsuit,
`unnamed consumers’ desires, and unsourced information concerning “superweeds.”
`Due to the vagueness of the allegations in this paragraph, Defendants lack sufficient
`information to form a belief as to the truth of the allegations in this paragraph.
`60. This paragraph contains Plaintiffs’ characterization of the activities of
`unnamed companies in the “pesticide industry” and unnamed “agrochemical
`
`DEFENDANTS’ ANSWER TO PLAINTIFFS’ COMPLAINT FOR DECLARATORY AND
`EQUITABLE RELIEF
`Natural Grocers, et al. v. Perdue, et al., No. 3:20-cv-05151-JD
`Page 13
`
`U.S. DEPARTMENT OF JUSTICE
`Civil Division, Federal Programs Branch
`1100 L Street, NW, Room 11506
`Washington, DC 20005
`Tel: (202) 353-4519
`
`
`
`
`

`

`Case 3:20-cv-05151-JD Document 18 Filed 10/02/20 Page 14 of 61
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`companies,” as well as the views of the “U.S. public.” Due to the vagueness of the
`allegations in this paragraph, Defendants lack sufficient information to form a belief as
`to the truth of the allegations in this paragraph.
`61. The first sentence of this paragraph contains Plaintiffs’ characterization
`of unidentified studies. Due to the vagueness of the allegations of the first sentence in
`this paragraph, Defendants lack sufficient information to form a belief as to the truth
`of the allegations in this sentence. The second sentence of this paragraph contains
`argument based on Plaintiffs’ characterization of information revealed by the
`unidentified studies described in the first sentence. Accordingly, no response is
`required. To the extent a response is deemed necessary, Defendants lack sufficient
`information to form a belief as to the truth of the allegations in this sentence due to
`the vagueness of the allegations in this sentence.
`62. The first and second sentences of this paragraph contain argument
`based on the desires and actions of unspecified “consumers.” Accordingly, no
`response is required. To the extent a response is deemed necessary, Defendants lack
`sufficient information to form a belief as to the truth of the allegations in these
`sentences due to the vagueness of the allegations in these sentences. The final
`sentence of this paragraph contains argument by Plaintiffs, to which no response is
`required. To the extent a response is deemed necessary, Defendants deny the
`allegations.
`63. This paragraph contains Plaintiffs’ characterizations of and legal
`conclusions about an unnamed “rulemaking petition,” unnamed “food labeling bills”
`in “30 states,” and unnamed “[s]tate labeling ballot initiatives” in California,
`Washington, and Oregon, to which no response is required. To the extent a response
`is deemed necessary, Defendants lack sufficient information to form a belief as to the
`truth of the allegations in this paragraph due to the vagueness of the allegations in this
`paragraph.
`
`DEFENDANTS’ ANSWER TO PLAINTIFFS’ COMPLAINT FOR DECLARATORY AND
`EQUITABLE RELIEF
`Natural Grocers, et al. v. Perdue, et al., No. 3:20-cv-05151-JD
`Page 14
`
`U.S. DEPARTMENT OF JUSTICE
`Civil Division, Federal Program

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